Cal. Code Regs. Tit. 2, § 1859.91 - Implementation of Priority Points Due to Insufficient State Funds
This Regulation shall only apply to Approved Applications for New Construction Grants funded with the proceeds of state bonds approved by the voters prior to January 1, 2002.
(a) The OPSC shall report to the Board on a
monthly basis the amount of funds available for New Construction Grants and
Modernization Grants and the estimated amount of Approved Applications for New
Construction Grants and Modernization Grants not yet apportioned. The Board
shall implement a priority point mechanism described in (b) for New
Construction Grants requests when either of the following occur:
(1) The amount of Approved Applications for
New Construction Grants and Modernization Grants not yet apportioned exceed the
funds available for New Construction Grants and Modernization Grants.
(2) The funds available for New Construction
Grants are $300 million or less.
(b) Once either (1) or (2) in (a) occurs, the
Board shall approve and apportion the funds available for New Construction
Grants requests based on the following priority point mechanism:
(1) From the funds available for New
Construction Grants, the Board shall establish a final allotment equal to the
lesser of $450 million or the balance of the funds available for New
Construction Grants, to be apportioned in accordance with (2) below. After
deducting the final allotment, the Board shall divide the remaining funds into
seven equal allotments, to be apportioned on a quarterly basis, commencing with
the last quarter of calendar year 2000 and ending the second quarter of
calendar year 2002. Quarterly apportionments are subject to the following:
(A) The Board shall apportion Approved
Applications for New Construction Grants requests received prior to the
beginning of the quarter that are Ready for Apportionment, all New Construction
Grants requests that were included on an Unfunded List and New Construction
Grants requests that meet the criteria of subsection (d), until the funds
available for New Construction Grants for that quarter are exhausted. New
Construction Grants requests eligible for an apportionment shall be apportioned
in the following order:
1. To projects that
meet the criteria of subsection (d) where the Approved Application date
adjusted back in time would have qualified the project for an
apportionment.
2. To projects
exempt from priority points pursuant to Section
1859.92(e).
3. To projects having the greatest number of
priority points.
(B) If
two or more projects have the same number of priority points, those projects
shall be first ranked according to the Approved Application date.
(C) No New Construction Grants request will
be recommended for apportionment unless the project can be entirely apportioned
from the funds available for that quarter.
(D) If the Approved Applications for New
Construction Grants received prior to the quarter that are Ready for
Apportionment, all New Construction Grants requests that were included on an
Unfunded List prior to the quarter and New Construction Grants requests that
meet the criteria of subsection (d) are less than the quarterly allotment, plus
any funds remaining from the previous quarter(s), the excess funds shall be
added to the next quarterly allotment.
(E) If the Approved Applications for New
Construction Grants requests received prior to the quarter that are Ready for
Apportionment, all New Construction Grants requests that were included on an
Unfunded List prior to the quarter and New Construction Grants requests that
meet the criteria of subsection (d) are greater than the quarterly allotment,
plus any funds remaining from the previous quarter(s), any New Construction
Grants requests not apportioned by the Board shall be placed on an Unfunded
List.
(F) All New Construction
Grants requests, as described in (A) above, that are Ready for Apportionment in
a quarter shall not be apportioned before the last regularly scheduled Board
meeting for that quarter with the exception of New Construction Grants requests
that meet the criteria of subsection (b)(1)(A)(1) or (2). Any New Construction
Grants request that is Ready for Apportionment in a quarter that meets the
criteria of subsection (b)(1)(A)(1) or (2) may be apportioned at any of the
regularly scheduled Board meetings during that quarter.
(2) The final allotment shall be apportioned
subject to the following:
(A) The Board shall
apportion Approved Applications for New Construction Grants received between
April 1, 2002 and June 26, 2002 that are Ready for Apportionment, all New
Construction Grants requests that were included on an Unfunded List and New
Construction Grants requests that meet the criteria of subsection (e), until
the final allotment, plus any funds remaining from the previous quarters are
exhausted. New Construction Grants requests eligible for an apportionment shall
be apportioned in the following order:
1. To
projects that meet the criteria of subsection (e) where the Approved
Application date adjusted back in time would have qualified the project for an
apportionment.
2. To projects
exempt from priority points pursuant to Section
1859.92(e).
3. To projects having the greatest number of
priority points.
(B) If
two or more projects have the same number of priority points, those projects
shall be first ranked according to the Approved Application date.
(C) If the Approved Applications for New
Construction Grants received between April 1, 2002 and June 26, 2002 that are
Ready for Apportionment, all New Construction Grants requests that were
included on an Unfunded List and New Construction Grants requests that meet the
criteria of subsection (e) are greater than the final allotment, plus any
remaining funds from the previous quarter(s), any New Construction Grants
requests not apportioned by the Board shall be placed on an Unfunded
List.
(D) All New Construction
Grants requests, as described in (A) above, that are Ready for Apportionment
shall be apportioned at the regularly scheduled Board meeting in August 2002
with the exception of New Construction Grants requests that meet the criteria
of subsection (b)(2)(A)(1) or (2). Any New Construction Grants request that is
Ready for Apportionment that meets the criteria of subsection (b)(2)(A)(1) or
(2) may be apportioned at either the regularly scheduled Board meeting in July
or August 2002.
(E) If the Approved
Applications for New Construction Grants received between April 1, 2002 and
June 26, 2002 that are Ready for Apportionment, all New Construction Grants
requests that were included on an Unfunded List and New Construction Grants
requests that meet the criteria of subsection (e) are less than the final
allotment, plus any remaining funds from the previous quarter(s), the excess
funds shall be apportioned on a monthly basis beginning in September 2002 for
Approved Applications for New Construction Grants received after June 26, 2002
that are Ready for Apportionment, in descending order, commencing with the
project having the greatest number of priority points. This process shall
continue until the funds available are exhausted. If two or more projects have
the same number of priority points, those projects shall be first ranked
according to the Approved Application date.
(c) Approved Applications for New
Construction Grants requests received during a quarter may, at the discretion
of the Board, be considered for funding available for that quarter or a future
quarter if all the following criteria are met:
(1) Either the Executive Officer of the
Board, the State Architect, the Director of School Facilities Planning Division
within the CDE, or the Chief of the School Property Evaluation and Cleanup
Division within the Department of Toxic Substances Control (DTSC) certify to
the OPSC that the district's application was delayed for a specified number of
calendar days in relation to other similar applications submitted to that
agency at the same time.
(2) The
Approved Application date adjusted back in time for the number of calendar days
the application was delayed is prior to the beginning of the quarter in which
the application was received.
(d) Approved Applications for New
Construction Grants requests received after June 26, 2002 may, at the
discretion of the Board, be considered for funding available for the final
allotment if all the following criteria are met:
(1) Either the Executive Officer of the
Board, the State Architect, the Director of School Facilities Planning Division
within the CDE, or the Chief of the School Property Evaluation and Cleanup
Division within the DTSC certify to the OPSC that the district's application
was delayed for a specified number of calendar days in relation to other
similar applications submitted to that agency at the same time.
(2) The Approved Application date adjusted
back in time for the number of calendar days the application was delayed is
prior to June 27, 2002.
Notes
2. New section refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-29-99 order transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
5. Amendment filed 1-2-2001 as an emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
7. Amendment filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
8. Repealer of subsection (c), subsection relettering and amendment of NOTE filed 10-4-2002; operative 10-4-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 40).
9. New first paragraph filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
Note: Authority cited: Sections 17072.25 and 17070.35, Education Code. Reference: Section 17072.25, Education Code.
2. New section refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-29-99 order transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
5. Amendment filed 1-2-2001 as an emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
7. Amendment filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
8. Repealer of subsection (c), subsection relettering and amendment of Note filed 10-4-2002; operative 10-4-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 40).
9. New first paragraph filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
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